Many managers and their employers in British Columbia believe that managers can work more than eight hours in a day or more than 40 hours in a week without being compensated. While exclusions exist in the Employment Standards Act for managers with respect to hours of work and overtime provisions, the terms of employment will dictate whether additional compensation may be owing.
If, for instance, the employer and the manager agreed that a specific number of hours worked would be compensated by a specific wage (i.e. 40 hours of work per week for a $50,000.00 annual salary), additional amounts could be owing to the manager for time worked beyond 40 hours per week. The amount owing, however, would be based on their regular rate of pay and not overtime rates.
If an employment contract has been executed that includes a provision that specifies that the annual salary is provided as recognition of all hours worked and precludes any right to overtime, the manager may not be able to claim amounts above the agreed upon salary (whether as straight time or overtime rates).
Travis Sippel is one of the leading employment lawyers on Vancouver Island. He works with both employees and employers on a variety of employment matters, including employment contracts, workplace policies and procedures, wrongful terminations, constructive dismissal claims, workplace investigations and human rights complaints.
Travis Sippel can be contacted by phone at 1-250-824-2423 or via email at travis@bradburysippel.com.